Or. Admin. Code § 340-048-0045 - Issuance and Appeal of Certification Decision
(1) The department must provide a
certification decision to the applicant by mail or personal delivery in the
same manner as provided for service of notice under OAR
340-011-0097 and provide written
notice by appropriate means to public commenters on the proposed certification
decision. Any certification decision must include or be accompanied by a notice
of the applicant's opportunity to request a contested case hearing regarding
the certification decision.
(2) An
applicant dissatisfied with a certification decision, including any conditions
to an approved certification, may request a contested case hearing by filing an
answer and request for hearing in accordance with OAR 340-011-0107 within 20
days of mailing or personal delivery of the notice of the certification
decision by the department. The hearing must be conducted in accordance with
OAR chapter 340, division 011 regarding contested cases.
(3) For purposes of the one-year period
prescribed in 33 USC sec.
1341, the certification decision is effective
upon the Director's issuance of the decision, notwithstanding any request for a
contested case hearing by the applicant or other judicial review.
Notes
Stat. Auth.: ORS 468.035, 468.065 & 468B.035
Stats. Implemented: ORS 468B.035 - 468B.047, 543.017, 543A.025 & 33 USC 1341
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